1. Disposition of non-acceptance of the report on the construction of a temporary building against the Plaintiff on June 19, 2015, and the Plaintiff on July 2, 2015.

Details of the disposition

The plaintiff is a company that engages in construction waste collection and transportation business, etc., and the defendant is delegated with the authority of the administrative agency to approve the installation of a temporary construction waste storage place prescribed by the Construction Waste Recycling Promotion Act (hereinafter referred to as the "Construction Waste Act") by the Mayor of Seoul Special Metropolitan City pursuant to Article 5 (1) [Attached Table] of the Seoul Metropolitan Government Ordinance on Delegation of Administrative

On March 21, 2008, pursuant to Article 13 of the Construction Waste Act (amended by Act No. 11879, Jun. 12, 2013; hereinafter “former Construction Waste Act”) and Article 4 of the Enforcement Rule of the Construction Waste Act (amended by Ordinance of the Ministry of Environment No. 529, Dec. 13, 2013; hereinafter “former Enforcement Rule of the Construction Waste Act”), the Plaintiff obtained approval from the Defendant for the temporary storage of construction waste in land No. 37-5, the Eunpyeong-gu Seoul Building Site Search-dong 37-5.

The former Construction Waste Act was amended by Act No. 11879 on June 12, 2013, and Article 13-2 newly established by the amended Construction Waste Act strengthened the standards for approval for temporary construction waste storage sites.

Article 3 of the Addenda to the Construction Waste Act (No. 11879, Jun. 12, 2013, 2013) provides that a temporary storage place approved pursuant to the previous provisions shall be deemed approved pursuant to the amended provisions of Article 13-2, but a construction waste disposal business operator who fails to meet the requirements under the amended provisions of Article 13-2 shall obtain approval by satisfying the requirements under the above amended provisions by July 1, 2015.

According to Article 13-2 of the amended Construction Waste Act and Article 4-2 of the Enforcement Rule of the same Act, structures equipped with dustproof walls, roof covers, etc. shall be constructed at a temporary construction waste storage site.

For this purpose, the Plaintiff registered construction waste on the land No. 37-5, Eunpyeong-gu, Seoul, pursuant to Article 20(3) of the Building Act and Article 13 of the Enforcement Rule of the Building Act for the Defendant on May 21, 2015.